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India’s nominee to the International Court of Justice (ICJ), Justice Dalveer Bhandari was re-elected on 20th November’17, to the fifth and the last seat of the world court after Britain withdrew its candidate from the election. Mr. Bhandari received 183-193 votes in the General Assembly and secured all the 15 votes in the Security Council after separate and simultaneous elections were held at the UN headquarters in New York. The elections were held after United Kingdom, in a dramatic turn of events, withdrew out of the race for the Haguebased ICJ, thus paving the way for Mr. Bhandari’s re-election to the prestigious world court.
Dalveer Bhandari comes from an illustrious line of lawyers. Both his father, Late Shri Mahaveer Chand Bhandari, and grandfather, Late Shri B.C. Bhandari, were members of the Rajasthan bar. He acquired degree in humanities and law from Jodhpur University and practiced in the Rajasthan High Court from 1968 to 1970. In June 1970, he was invited to a six-week workshop organized by the University of Chicago on research on Indian law in Chicago on an international scholarship. Subsequently, on another international scholarship, he obtained a Masters of Law from Northwestern University Pritzker School of Law. He worked at the Northwestern Legal Assistance Clinic and appeared in Chicago courts on behalf of litigants of that clinic. He also worked with the Centre for Research in Chicago. In June 1973, on an international fellowship, he visited Thailand, Malaysia, Indonesia, Singapore and Sri Lanka on an observational-cum-lecture tour on legal aid and clinical legal educational programs associated with the law courts and law schools. He has also worked with a United Nations project called “Delay in the Administration of Criminal Justice in India”.
Following his return to India, he again took up a law practice in the Rajasthan High Court from 1973 to 1976. He shifted his practice to Delhi in 1977 and was a Supreme Court lawyer till his elevation to the Delhi High Court in March 1991.
As a judge in the Delhi High Court, he also chaired the Delhi High Court Legal Services Committee, the Advisory Board of Delhi State, and the Delhi chapter of the International Law Association for a number of years. He was also the Chairperson of the Advisory Board of Delhi State on the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and the National Security Act (NSA) for a number of years.
On 25th July 2004, he gained appointment as Chief Justice of the Bombay High Court. As the Chief Justice, he delivered a number of judgements in various branches of the law. His judgements and orders have led to a much larger allocation of funds for malnutrition in the five most backward districts of Maharashtra. It is by his judgements that judicial officers were appointed to deal with the cases pertaining to section 138 of the Negotiable Instruments Act, 1881. He was instrumental in setting up mediation and conciliation centers all over the states of Maharashtra and Goa. He also organized an International Conference on Mediation and Conciliation in Mumbai. He ensured better infrastructural facilities, particularly for the subordinate judiciary in the states of Maharashtra and Goa. He took keen interest in computerization, videoconferencing facilities, legal aid and legal literacy programs. Justice Bhandari was instrumental in setting up the Information Centre for Litigants in the Bombay High Court.
Just over a year later, on 28 October 2005, he was elevated to the Supreme Court of India. He has delivered a large number of judgements while exercising the Supreme Court’s jurisdiction under article 131 between the Government of India and one or more States; between the Government of India and any State or States on one side and one or more other States on the other; or between two or more States. He has also delivered a large number of judgements on comparative law, public interest litigation, constitutional law, criminal law, civil procedure code, administrative law, arbitration laws, insurance & banking, and family laws. Keeping in view his landmark judgment in a divorce case, the Union of India is seriously considering his suggestion and amending the Hindu Marriage Act, 1955, incorporating irretrievable breakdown of marriage as a ground for divorce. His various orders in the food-grains matter led to the release of a higher quantum of supply of food grains to the population living below the poverty line. His several orders in the night-shelter matter led to state governments making provision for night shelters for homeless people all over the country. His orders in the right to free & compulsory education for children matter led to availability of basic infrastructural amenities in primary & secondary schools all over the country.
He has also served as the Chairman of the Supreme Court Legal Services Committee and was nominated as the Chairman of the Mediation and Conciliation Project Committee and was supervising mediation and conciliation programs all over the country.
He swore in as a member of the International Court of Justice on 19 June 2012.
Justice Dalveer Bhandari is notable for his interest in computerization and intellectual property law. Also, he has a history of promoting legal education, both for professionals and for the general public who might be litigants. He has established mediation and conciliation centers in Maharashtra and an information centre for litigants in the Bombay High Court.
Justice Bhandari was nominated by the Government of India as its official candidate in January 2012. The vacancy arose after the resignation of sitting Court Judge Awn Shawkat Al-Khasawneh from Jordan on being appointed as Prime Minister. In the elections held on 27 April 2012, Bhandari secured 122 votes in the United Nations General Assembly against 58 for his rival, Florentino Feliciano, who was nominated by the Government of the Philippines.
He was re-elected for a second term on 20 November 2017 after UK’s nominee Christopher Greenwood withdrew his nomination.
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